ORDER OF DISMISSAL WITHOUT PREJUDICE

**US MARSHAL ACTION REQUIRED**

ROSANNA MALOUF PETERSON, District Judge.

BEFORE THE COURT is the Government's Motion to Dismiss the Indictment against Defendant Matthew Allen Pehl Without Prejudice, ECF No. 17, and accompanying Motion to Expedite hearing of the same, ECF No. 18. Having reviewed the Motion to Dismiss, the Court finds that the Government has cogently explained its decision to seek dismissal without prejudice and notes that the Government represents that it has conferred with Defendant prior to filing the motion. See ECF No. 17. There is no indication on the record before the Court that dismissal without prejudice under Federal Rule of Criminal Procedure 48(a) contravenes the "manifest public interest." See United States v. Gonzalez, 58 F.3d 459, 462 (9th Cir. 1995) (indicating that the district court retains limited discretion to deny even an uncontested motion to dismiss under Rule 48(a), but only where dismissal without prejudice would be "contrary to the manifest public interest").

Accordingly, IT IS HEREBY ORDERED:

1. The Government's Motion to Expedite, ECF No. 18, is GRANTED, upon a finding of good cause.

2. The Government's Motion to Dismiss Indictment Without Prejudice, ECF No. 17, is GRANTED.

3. The Indictment filed at ECF No. 1 is dismissed without prejudice.

4. The United States Marshals Service shall return Defendant to the custody of the State of Washington. See ECF No. 7 (Writ of Habeas Corpus Ad Prosequendum).

IT IS SO ORDERED. The District Court Clerk is directed to enter this Order and provide copies to counsel and the United States Marshal.